BILL NUMBER: AB 381	CHAPTERED  09/02/99

	CHAPTER   298
	FILED WITH SECRETARY OF STATE   SEPTEMBER 2, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 1, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	PASSED THE ASSEMBLY   MAY 27, 1999

INTRODUCED BY   Assembly Member Cardoza

                        FEBRUARY 11, 1999

   An act to amend Section 1192.7 of the Penal Code, relating to
serious felonies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 381, Cardoza.  Serious felonies:  plea bargaining.
   Existing law, amended by initiative statute, prohibits plea
bargaining in any case in which the indictment or information charges
any serious felony, as defined.  The initiative statute provides
that any amendment of its provisions by the Legislature shall require
a 2/3 vote of the membership of each house.
   This bill would add the offense of false imprisonment to the
definition of a "serious felony" for purposes of the prohibition.
   Because it would amend an initiative statute, the bill would
require a2/3 vote.
   By including the crime of false imprisonment in the definition of
a "serious felony," the bill would increase the costs of prosecuting
that crime and thereby impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1192.7 of the Penal Code is amended to read:
   1192.7.  (a) Plea bargaining in any case in which the indictment
or information charges any serious felony, any felony in which it is
alleged that a firearm was personally used by the defendant, or any
offense of driving while under the influence of alcohol, drugs,
narcotics, or any other intoxicating substance, or any combination
thereof, is prohibited, unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
   (b) As used in this section, "plea bargaining" means any
bargaining, negotiation, or discussion between a criminal defendant,
or his or her counsel, and a prosecuting attorney or judge, whereby
the defendant agrees to plead guilty or nolo contendere, in exchange
for any promises, commitments, concessions, assurances, or
consideration by the prosecuting attorney or judge relating to any
charge against the defendant or to the sentencing of the defendant.
   (c) As used in this section, "serious felony" means any of the
following:
   (1) Murder or voluntary manslaughter.
   (2) Mayhem.
   (3) Rape.
   (4) Sodomy by force, violence, duress, menace, threat of great
bodily injury, or fear of immediate and unlawful bodily injury on the
victim or another person.
   (5) Oral copulation by force, violence, duress, menace, threat of
great bodily injury, or fear of immediate and unlawful bodily injury
on the victim or another person.
   (6) Lewd or lascivious act on a child under the age of 14 years.
   (7) Any felony punishable by death or imprisonment in the state
prison for life.
   (8) Any felony in which the defendant personally inflicts great
bodily injury on any person, other than an accomplice, or any felony
in which the defendant personally uses a firearm.
   (9) Attempted murder.
   (10) Assault with intent to commit rape, mayhem, sodomy, oral
copulation, or robbery.
   (11) Assault with a deadly weapon or instrument on a peace
officer.
   (12) Assault by a life prisoner on a noninmate.
   (13) Assault with a deadly weapon by an inmate.
   (14) Arson.
   (15) Exploding a destructive device or any explosive with intent
to injure.
   (16) Exploding a destructive device or any explosive causing great
bodily injury or mayhem.
   (17) Exploding a destructive device or any explosive with intent
to murder.
   (18) Burglary of an inhabited dwelling house, vessel, as defined
in the Harbors and Navigation Code, which is inhabited and designed
for habitation, floating home, as defined in subdivision (d) of
Section 18075.55 of the Health and Safety Code, trailer coach, as
defined by the Vehicle Code, or the inhabited portion of any other
building.
   (19) Robbery or bank robbery.
   (20) Kidnapping.
   (21) Holding of a hostage by a person confined in a state prison.

   (22) False imprisonment as described in Section 210.5.
   (23)   Attempt to commit a felony punishable by death or
imprisonment in the state prison for life.
   (24) Any felony in which the defendant personally used a dangerous
or deadly weapon.
   (25) Selling, furnishing, administering, giving, or offering to
sell, furnish, administer, or give to a minor any heroin, cocaine,
phencyclidine (PCP), or any methamphetamine-related drug, as
described in paragraph (2) of subdivision (d) of Section 11055 of the
Health and Safety Code, or any of the precursors of
methamphetamines, as described in subparagraph (A) of paragraph (1)
of subdivision (f) of Section 11055 or subdivision (a) of Section
11100 of the Health and Safety Code.
   (26) Any violation of subdivision (a) of Section 289 where the act
is accomplished against the victim's will by force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person.
   (27) Grand theft involving a firearm.
   (28) Carjacking.
   (29) Any violation of Section 288.5.
   (30) Any violation of Section 244.
   (31) Assault with a deadly weapon or instrument on a firefighter.

   (32) Any violation of Section 264.1.
   (33) Any violation of Section 12022.53.
   (34) Any attempt to commit a crime listed in this subdivision
other than an assault.
   (35) Any conspiracy to commit an offense described in paragraph
(25) as it applies to Section 11370.4 of the Health and Safety Code
where the defendant conspirator was substantially involved in the
planning, direction, or financing of the underlying offense.
   (d) As used in this section, "bank robbery" means to take or
attempt to take, by force or violence, or by intimidation from the
person or presence of another any property or money or any other
thing of value belonging to, or in the care, custody, control,
management, or possession of, any bank, credit union, or any savings
and loan association.
   As used in this subdivision, the following terms have the
following meanings:
   (1) "Bank" means any member bank of the Federal Reserve System,
and any bank, banking association, trust company, savings bank, or
other banking institution organized or operating under the laws of
the United States, and any bank the deposits of which are insured by
the Federal Deposit Insurance Corporation.
   (2) "Savings and loan association" means any federal savings and
loan association and any "insured institution" as defined in Section
401 of the National Housing Act, as amended, and any federal credit
union as defined in Section 2 of the Federal Credit Union Act.
   (3) "Credit union" means any federal credit union and any
state-chartered credit union the accounts of which are insured by the
Administrator of the National Credit Union Administration.
   (e) The provisions of this section shall not be amended by the
Legislature except by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring, or
by a statute that becomes effective only when approved by the
electors.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
